Tenant Claims Harassment and Trespass by Landlord

Tenant sued landlord for harassment and trespass. Tenant had built a wooden deck that rested on a third-floor terrace during the renovation of her two combined apartments. Landlord advised tenant of leaks in the roof below the terrace. Tenant's engineer reported that one leak was caused by landlord's incorrect installation of new roof gutters, and a second by a hole in the roof membrane. Landlord claimed that roof replacement was needed, and climbed onto tenant's terrace and broke apart the deck without tenant's permission. Landlord asked the court to dismiss the case without a trial. The court refused. Tenant may have a claim for harassment if there was wanton destruction of the deck, and other actions by landlord in 1983 and 2000 showed a pattern. There also was a question as to who owned the terrace, so it would be premature to dismiss the trespass claim.

Schlosser v. Duell LLC: Index No. 105834/10, NYLJ No. 1202479054039 (Sup. Ct. NY; 12/27/10; Wooten, J)